"Modern Departures from the Supreme Court: Party, Pensions, or Power." Alan Rozzi and Terri L. Peretti have posted this paper at SSRN (via "Legal Theory Blog").Posted at 11:24 PM by Howard Bashman"Layshock case becomes free-speech issue; Appeals court to decide whether school exceeded authority in punishing student": Sunday's edition of The Pittsburgh Post-Gazette contained an article that begins, "What began as a lowbrow parody of a high school principal goes before a federal appeals court this week. The case of Justin Layshock, who lanced his principal with an unflattering Internet 'profile' created on a home computer, has become a battleground pitting Pennsylvania school administrators against groups that defend free-speech rights. The 3rd U.S. Circuit Court of Appeals in Philadelphia will hear arguments from each side Wednesday."

"Hecht's fine, like ethics, will disappear: Texas Supreme Court Justice fined for illegal contributions through legal discount got off easy with $29,000 fine that he'll pay with donations."This editorial appears today in The Austin American-Statesman.Posted at 10:33 PM by Howard Bashman"Reporter names no sources at deposition; Contempt hearing may be sought in leaks lawsuit": Today's edition of The Detroit Free Press contains an article that begins, "For 50 minutes through scores of questions, Detroit Free Press reporter David Ashenfelter declined under oath Monday afternoon to reveal confidential sources in a legal standoff that pits journalistic principles against the obligation to testify under court order. Time and again, the lawyer for ex-federal prosecutor Richard Convertino peppered Ashenfelter with questions trying to discover who leaked word of a confidential Justice Department probe of Convertino's handling of a discredited Detroit terrorism case."

Access online, on-demand C-SPAN's broadcast of today's en banc oral argument before the U.S. Court of Appeals for the Second Circuit in Maher Arar v. John Ashcroft: You can access the oral argument video by clicking here (RealPlayer required). The audio apparently does not begins working properly until 13 minutes and 25 seconds into the broadcast.Posted at 07:54 PM by Howard Bashman"Federal judges hear arguments in Don Siegelman, Richard Scrushy corruption conviction appeal": The Birmingham News provides this update.

"Feds want Ressam's cooperation credit rescinded": The Seattle Post-Intelligencer has a news update that begins, "Federal prosecutors -- who proclaimed last week that they would seek yet another sentencing for would-be millennium bomber Ahmed Ressam -- moved Tuesday to withdraw credit given Ressam for helping to convict a fellow terrorist."

"Justices weigh concealed evidence in death case": The Associated Press provides a report that begins, "A convicted killer on death row in Tennessee since 1984 could be spared execution following arguments Tuesday at the Supreme Court. The justices showed rare bursts of anger in discussing a local prosecutor's failure to turn over key evidence to lawyers defending Gary Bradford Cone."

Ninth Circuit decides copyright dispute involving eleven sculptures created between 1913 and 1917 by French artist Pierre-Auguste Renoir and one of his assistants, Richard Guino: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

"Attorneys conclude Supreme Court arguments in gay marriage case": The Des Moines Register provides this news update. The newspaper also offers online access to a video replay of the oral argument at this link.Posted at 02:28 PM by Howard Bashman"In August 2003 a security guard with General Security Services Corporation stood on the roof of the Minton-Capehart Federal Building in Indianapolis, Indiana--inexplicably naked, alone, and locked out of the building." So begins an opinion that the U.S. Court of Appeals for the Seventh Circuit issued today.Posted at 02:20 PM by Howard Bashman"Tennessee moves closer to executing first woman; Sixth Circuit denies appeal to woman convicted in murder for hire of husband": The Nashville Post provides this news update.

"Court: Craig's guilty plea to bathroom sex solicitation stands; The Court of Appeals rejected an appeal from Sen. Larry Craig who was nabbed in a sex sting in a restroom at the Minneapolis-St. Paul International Airport." The Minneapolis Star Tribune provides this news update.

"Iowa Supreme Court readies for today's gay marriage case": The Des Moines Register provides a news update that begins, "Oral arguments in the Iowa Supreme Court's landmark gay marriage case will begin at 10 a.m. as scheduled, starting with 30-minute arguments from Polk County. Lawyers for six same-sex Iowa couples will then present their case and answer questions from the seven justices."

You can view the oral argument -- scheduled to begin at 11 a.m. eastern time, just moments from now -- live, online by clicking here (direct feed from the Supreme Court of Iowa; Windows Media Player required) or here (embedded video from The Des Moines Register).Posted at 10:57 AM by Howard Bashman

"Former Pembroke Pines student sues principal over Facebook suspension": Today's edition of The South Florida Sun-Sentinel contains an article that begins, "A former Pembroke Pines Charter High School student filed a federal lawsuit on Monday against the school's principal, alleging that he violated her first-amendment rights by suspending her for creating a Facebook page that criticized one of her teachers. Katherine Evans called her Advanced Placement English teacher 'the worst teacher I've ever met!' on a page she created on the popular social networking site in November 2007 when she was a senior in high school, said the suit filed by the American Civil Liberties Union."

"Naked Justice statue is unveiled in San Antonio": The Associated Press provides this report.Posted at 09:15 AM by Howard Bashman"Supreme Court turns down Obama citizenship appeal; The plaintiff has argued that the president-elect is ineligible for the office because his father was born in Kenya": David G. Savage has this article today in The Los Angeles Times.

"Supreme Court's punitive damage clarity: Lower courts may have tried a legal end run around the high court in a tobacco case, but the justices have indicated that may be coming to an end."This editorial appears today in The Los Angeles Times.Posted at 09:03 AM by Howard Bashman"Md. Court Weighs Internet Anonymity; Case Pits Free Speech Against Redress for Defamation": The Washington Post today contains an article that begins, "In a First Amendment case with implications for everything from neighborhood e-mail lists to national newspapers, an Eastern Shore businessman argued to Maryland's highest court yesterday that the host of an online forum should be forced to reveal the identities of people who posted allegedly defamatory comments. It is the first time the Maryland Court of Appeals has confronted the question of online anonymity, an issue that has surfaced in state and federal courts over the past few years as blogs and other online forums have increasingly become part of the national discourse."

"Five offer guilty pleas in 9/11 plot; A chaotic day at the Guantanamo war court featured an effort by five 9/11 attack suspects to enter guilty pleas in the death-penalty case": Carol Rosenberg has this article today in The Miami Herald.

"Court to hear Davis' plea for new trial; Familiar place: Man condemned to die for the 1989 murder of a Savannah police officer has received 3 stays of execution in 17 months." Today in The Atlanta Journal-Constitution, Rhonda Cook and Bill Rankin have an article that begins, "Those who love convicted killer Troy Anthony Davis and those who loved slain Savannah police Officer Mark MacPhail find themselves in a familiar, painful place again: preparing for a court hearing on the 19-year-old murder case. Is Davis innocent? Should recanting or backtracking witnesses be heard? Or has too much time passed? Have there been too many unnecessary legal contortions in a death penalty case that has come close to finality with executions scheduled three times in the past 17 months? Today the 11th U.S. Circuit Court of Appeals will hear Davis' request for a new trial on the basis that he didn't do it, an appeal called a 'stand-alone innocence' claim."Posted at 08:03 AM by Howard Bashman"Court weighs jury-selection survey lawsuit": The Providence Journal today contains an article that begins, "The Providence Journal yesterday told the Rhode Island Supreme Court that the public should be able to see written questions during jury selection just as if the same questions had been asked out loud in open court."Posted at 07:50 AM by Howard BashmanSome en banc developments from here and there: This afternoon at 3 p.m. eastern time, the U.S. Court of Appeals for the Second Circuit is scheduled to hear en banc oral argument in the case captioned Maher Arar v. John Ashcroft. C-SPAN is planning to broadcast the oral argument live. The Center for Constitutional Rights provides background on the case and access to court filings via this link.